FREC Disciplinary Guidelines

61J2-24.002 Citation Authority

(1) Pursuant to Section 455.224, F.S., the Commission sets forth violations for which there is no substantial threat to the public health, safety, and welfare; or, if there is a violation for which there is no substantial threat to the public health, safety, and welfare, such potential for harm has been removed prior to the issuance of the citation. Next to each violation is the fine or other conditions to be imposed. For purposes of this rule, the descriptions of the violations listed below are abbreviated and the statute or rule that is listed should be consulted for a complete description of the prohibited conduct.

(2) The following violations with accompanying fine or other conditions may be disposed of by citation:

VIOLATIONFINE
(a) Section 475.180(2)(a), F.S. – a resident licensee failed to notify the Commission of becoming a nonresident as prescribed$300.00
(b) Sections 475.17(2)(a), 475.17(3)(a), 475.17(4)(a), F.S., Rules 61J2-3.008 and 61J2-3.009, F.A.C. – failed to provide the required number of classroom hours for an approved or prescribed course$500.00
(c) Section 475.175(2), F.S. and Rule 61J2-3.015, F.A.C. – failed to provide a course completion report to a student$100.00
(d) Section 475.22(1), F.S. and Rule 61J2-10.022, F.A.C. – failed to maintain the required office as prescribed$500.00
(e) Section 475.22(1), F.S. – failed to maintain the required office entrance sign$100.00
(f) Section 475.22(2), F.S. – failed to register an out of state Florida broker’s office$500.00
(g) Section 475.24, F.S., and Rule 61J2-10.023, F.A.C. – failed to register a location as a branch office$200.00
(h) Section 475.25(1)(k), F.S. and subsection 61J2-14.010(1), F.A.C. – failed to immediately deposit trust funds provided the deposit is not more than 3 days late$200.00
(i) Section 475.25(1)(q), F.S. – failed to give the appropriate disclosure or notice at the appropriate time under the provisions of Section 475.2755 or 475.278, F.S. (A citation may only be given for a first time violation.)$300.00
(j) Section 475.25(1)(r), F.S. – failed to include the required information in a listing agreement; failed to give a copy to a principal within 24 hours; contains a self renewal clause$200.00
(k) Section 475.42(1)(b), F.S. – sales associate operating as a sales associate without a registered employer due to failure to renew or properly register$500.00
(l) Section 475.42(1)(i), F.S. – having a lis pendens placed by an attorney (Citation may be issued only if no other violation is present)$500.00
(m) Section 475.42(1)(j), F.S. and Rule 61J2-10.034, F.A.C. – operated as a broker under a tradename without causing the trade name to be noted in the records of the Commission$500.00
(n) Section 475.451(3), F.S. – failed to obtain a multiple permit$500.00
(o) Section 475.4511(2), F.S. – advertised false, inaccurate, misleading, or exaggerated information$500.00
(p) Paragraph 61J2-3.009(4)(d), F.A.C. – failed to have a distance education course instructor available per published schedule$300.00
(q) Subsection 61J2-3.008(5)(a), F.A.C. – failed to inform students of course standards and requirements$100.00
(r) Subsection 61J2-3.015(2), F.A.C. – failed to provide a course completion report to a student; if a licensee, as the result of an audit/inspection, failed to provide a course completion report to the DBPR$200.00
(s) Rule 61J2-5.016, F.A.C. – sales associate or broker associate serving as an officer or director of a registered brokerage corporation$200.00
(t) Subsection 61J2-5.019(1), F.A.C. – failed to ensure that the corporation or partnership is properly registered; failed to ensure each officer, director and sales associate is properly licensed$500.00
(u) Rule 61J2-10.025, F.A.C. – advertised in a manner in which a reasonable person would not know one is dealing with a real estate licensee or brokerage; failed to include the registered name of the brokerage firm in the advertisement; failed to use the licensee’s last name as registered with the Commission in an advertisement$500.00
(v) Rule 61J2-10.026, F.A.C. – failed to follow the requirements for team or group advertising; a citation shall only be issued for a second violation of the rule committed after July 1, 2019$500.00
(w) Rule 61J2-10.027, F.A.C. – used the name or identification of an association or organization when the licensee was not in good standing or otherwise not entitled to use same$300.00
(x) Subsection 61J2-10.032(1), F.A.C. – broker failed to notify the Commission within the prescribed 15 business days but does so within 25 business days; or, if a Notice of Noncompliance has been issued pursuant to rule 61J2-24.003, F.A.C., and not timely complied with, failed to notify the Commission within 45 days but does so within 55 days$100.00
(y) Subsection 61J2-10.032(1) and (2), F.A.C. – broker failed to institute a settlement procedure within the prescribed 30 business days but does so within 40 business days; or, if a Notice of Noncompliance has been issued pursuant to Rule 61J2-24.003, F.A.C., and not timely complied with, failed to institute a settlement procedure within 60 days but does so within 70 days$100.00
(z) Subsection 61J2-10.032(2), F.A.C. – broker failed to notify the Commission that the dispute settled or went to court, or of the final accounting and disbursement within the prescribed 10 business days but broker does so within 20 business days; or, if a Notice of Noncompliance has been issued pursuant to Rule 61J2-24.003, F.A.C., and not timely complied with, failed to notify the Commission that the dispute settled or went to court, or of the final accounting and disbursement within 40 days but does so within 50 days$100.00
(aa) Rule 61J2-10.038, F.A.C. – failed to timely notify the DBPR of the current mailing address or any change in the current mailing address$500.00
(bb) Paragraph 61J2-14.008(2)(b), F.A.C. – Second offense failure to indicate the name, address and telephone number of the title company or attorney on the contract$200.00
(cc) Paragraph 61J2-14.008(2)(b), F.A.C. – Second offense failure to provide Seller’s broker, or Seller if not represented by a broker, within ten (10) business days of the date the Licensee’s broker made the written request for verification of the deposit with either a copy of the written verification, or if no verification is received by Licensee’s broker, written notice that Licensee’s broker did not receive verification of the deposit$500.00
(dd) Subsection 61J2-14.012(2), F.A.C. – failed to properly reconcile an escrow account when the account balances$500.00
(ee) Subsection 61J2-14.014(1), F.A.C. – failed to secure the written permission of all interested parties prior to placing trust funds in an interest bearing escrow account$300.00
(ff) Subsection 61J2-14.014(2), F.A.C. – failed to stop interest from accruing prior to disbursement$100.00
(gg) Subsection 61J2-17.013(1), F.A.C. – guaranteed that a pupil would pass an examination$500.00
(hh) Failure to register a school location$500.00
(ii) Rule 61J2-17.014, F.A.C. – improper use of a guest lecturer$100.00
(jj) Rule 61J2-17.015, F.A.C. – failed to post the required language regarding recruitment for employment; recruiting for employment opportunities during class time$300.00

(3) Citations may be issued to real estate licensees, permit holders, and registrants by the Division of Real Estate.

(4) Citations are to be served upon the subject either by personal service or certified mail, restricted delivery, to the subject’s last known address.

(5) The subject has 30 days from the date the citation becomes a final order to pay the fine. All fines are to be made payable to the “Department of Business and Professional Regulation – R. E. Citations” and sent to the Division of Real Estate in Orlando. A copy of the citation shall accompany the payment of the fine.

Rulemaking Authority 475.05 FS. Law Implemented 455.224, 475.25(1) FS. History–New 12-29-91, Amended 4-16-92, 1-20-93, 6-28-93, Formerly 21V-24.002, Amended 8-23-93, 4-7-94, 4-12-95, 7-5-95, 2-13-96, 6-5-96, 7-23-96, 1-22-97, 3-30-97, 11-10-97, 3-24-98, 7-1-98, 10-25-98, 1-19-99, 1-18-00, 10-15-00, 2-21-02, 2-5-04, 1-30-06, 7-20-09, 11-15-12, 10-16-16, 2-11-19, 9-23-20.